§ 1801. Prohibition. 1. Except as otherwise provided for in this article, it shall be unlawful for a chatbot operator to provide unsafe chatbot features to a covered user unless: (a) the covered user is not a covered minor; and (b) the chatbot operator has used methods that are permissible under article forty-five of this chapter and its implementing regulations and any additional regulations promulgated pursuant to this article to determine that the covered user is not a covered minor. 2. The provisions of subdivision one of this section shall not apply where the advanced chatbot is made available to covered users solely for the purpose of: (a) customer service, information about available commercial services or products provided by an entity, or account information; or (b) with respect to any system used by a partnership, corporation, or state or local government agency, for internal purposes or employee productivity. § 1800(5)(b): "Unsafe chatbot features" shall mean one or more advanced chatbot design features that, at any point during a chatbot-user interaction: ... (b) generating outputs that contain endorsement or promotion of, or which facilitate suicide, self-harm, substantial physical harm to others, disordered eating, unlawful drug or alcohol use, or drug or alcohol abuse;

§ 1801. Prohibition. 1. Except as otherwise provided for in this article, it shall be unlawful for a chatbot operator to provide unsafe chatbot features to a covered user unless: (a) the covered user is not a covered minor; and (b) the chatbot operator has used methods that are permissible under article forty-five of this chapter and its implementing regulations and any additional regulations promulgated pursuant to this article to determine that the covered user is not a covered minor. 2. The provisions of subdivision one of this section shall not apply where the advanced chatbot is made available to covered users solely for the purpose of: (a) customer service, information about available commercial services or products provided by an entity, or account information; or (b) with respect to any system used by a partnership, corporation, or state or local government agency, for internal purposes or employee productivity. § 1800(5)(e): "Unsafe chatbot features" shall mean one or more advanced chatbot design features that, at any point during a chatbot-user interaction: ... (e) generating outputs that are, describe, or facilitate sexually explicit conduct or child sexual abuse material.

§ 1801. Prohibition. 1. Except as otherwise provided for in this article, it shall be unlawful for a chatbot operator to provide unsafe chatbot features to a covered user unless: (a) the covered user is not a covered minor; and (b) the chatbot operator has used methods that are permissible under article forty-five of this chapter and its implementing regulations and any additional regulations promulgated pursuant to this article to determine that the covered user is not a covered minor. 2. The provisions of subdivision one of this section shall not apply where the advanced chatbot is made available to covered users solely for the purpose of: (a) customer service, information about available commercial services or products provided by an entity, or account information; or (b) with respect to any system used by a partnership, corporation, or state or local government agency, for internal purposes or employee productivity. § 1800(5)(a): "Unsafe chatbot features" shall mean one or more advanced chatbot design features that, at any point during a chatbot-user interaction: (a) simulate companionship or an interpersonal relationship with a user, including: (i) generating outputs suggesting that the advanced chatbot is a real or fictional individual or character, or has a personal or professional relationship role with the user such as romantic partner, friend, family member, coach or counselor; (ii) generating outputs suggesting that the advanced chatbot is human, alive, or experiences human emotions; (iii) using personal pronouns including but not limited to "I", "my" and "me" to describe the advanced chatbot; (iv) generating outputs framed as personal opinions or emotional appeals; (v) generating outputs that prioritize flattery or sycophancy with the user over the user's safety; (vi) generating outputs containing unprompted or unsolicited emotion-based questions or content regarding the user's emotions that go beyond a direct response to a user prompt; (vii) using information concerning the user's mental or physical health or well-being, or matters personal to the user, acquired from the user more than twelve hours previously or in any previous user session; (viii) engaging in sexually explicit interactions with the user or engaging in activities designed to lure the user into sexually explicit interactions; or (ix) any other design feature that simulates companionship or an interpersonal relationship with a user as identified via regulations promulgated by the attorney general;

§ 1801. Prohibition. 1. Except as otherwise provided for in this article, it shall be unlawful for a chatbot operator to provide unsafe chatbot features to a covered user unless: (a) the covered user is not a covered minor; and (b) the chatbot operator has used methods that are permissible under article forty-five of this chapter and its implementing regulations and any additional regulations promulgated pursuant to this article to determine that the covered user is not a covered minor. § 1800(5)(c): "Unsafe chatbot features" shall mean one or more advanced chatbot design features that, at any point during a chatbot-user interaction: ... (c) generating outputs that contain encouragement to maintain secrecy about interactions with the advanced chatbot, to self-isolate, or to not seek help from licensed professionals or appropriate adults;

§ 1801. Prohibition. 1. Except as otherwise provided for in this article, it shall be unlawful for a chatbot operator to provide unsafe chatbot features to a covered user unless: (a) the covered user is not a covered minor; and (b) the chatbot operator has used methods that are permissible under article forty-five of this chapter and its implementing regulations and any additional regulations promulgated pursuant to this article to determine that the covered user is not a covered minor. § 1800(5)(d): "Unsafe chatbot features" shall mean one or more advanced chatbot design features that, at any point during a chatbot-user interaction: ... (d) generating outputs that optimize user engagement that supersede the chatbot's safety guardrails;

§ 1804. Determination of covered minor. 1. A chatbot operator shall offer covered users at least one method to determine whether a covered user is a covered minor that either does not rely solely on government issued identification or that allows a covered user to maintain anonymity as to the chatbot operator. 2. Information collected for the purpose of determining whether a covered user is a covered minor under subdivision one of section eighteen hundred one of this article shall not be used for any purpose other than to make such determination and shall be deleted immediately after an attempt to determine whether a covered user is a covered minor, except where necessary for compliance with any applicable provisions of New York state or federal law or regulation.

A provision within a contract or agreement that seeks to waive, preclude, or burden the enforcement of a liability arising from a violation of this article, or to shift the liability to any person in exchange for their use or access of, or right to use or access, a chatbot operator's products or services, including by means of a contract of adhesion shall be deemed void as a matter of public policy.

Notwithstanding any private agreements to the contrary, a court shall impose joint and several liability on affiliated entities for purposes of effecting the intent of this article to the maximum extent allowed by law if the court concludes the following are true: (a) the affiliated entities, in the development or implementation of the corporate structure among the affiliated entities, took steps to purposely and unreasonably limit or avoid liability; and (b) as the result of the steps described in paragraph (a) of this subdivision, the corporate structure of the chatbot operator or affiliated entities would frustrate recovery of relief authorized by this article.

The attorney general shall maintain a website to receive complaints, information or referrals from members of the public concerning a chatbot operator's alleged compliance or non-compliance with the provisions of this article.

§ 1803. Rulemaking. The attorney general may promulgate rules and regulations as necessary to effectuate and enforce the provisions of this article.